SALT LAKE CITY — After two brothers convicted as teenagers of killing or contributing to the death of a Utah police officer were released early from behind bars and arrested in connection with a weekend shooting, one state lawmaker says he wants to make sure nothing of the sort happens in the future.
The brothers were essentially expelled from the juvenile justice system because they committed new crimes while in custody — actions that ultimately and ironically sent them free much earlier.
No draft is written, but Rep. Craig Hall, R-West Valley City, says he is working on a proposal to ensure those who are serving hefty sentences in youth detention centers won’t get to go home early after picking up additional criminal charges in the adult system.
“There was a decision made by a judge to keep these individuals in custody until at least 21 and that didn’t happen through some strange scenarios,” he said. “We just want to make sure that when there’s a crime like this, some such early release shouldn’t happen.”
The recent arrests of Lawrence Boggs, 17, and Christopher Boggs, 18, reveal a disconnect between the state’s juvenile and criminal justice systems that critics say rewards youth offenders for getting into further trouble.
The result can pose a threat to the public and to the teenagers. The younger Boggs was recovering in a hospital this week from surgery for several gunshot wounds after West Valley police said they pulled over a stolen car to find him wounded, with his brother at the wheel. Officers say Lawrence Boggs was also involved in a gang-related shootout just two days earlier at a West Valley hotel.
The brothers were originally charged with murder in the 2016 death of West Valley police officer Cody Brotherson, 25, after they hit and killed Brotherson while fleeing officers in a stolen car. A judge recommended the teens be held until age 21 after they pleaded guilty to lesser charges, with the older brother admitting to crimes including car theft and the younger to manslaughter.
Jenny Brotherson, Cody Brotherson’s mother, has said it’s as if the brothers were rewarded for committing more crimes. She is a constituent of Hall’s, who said he spoke with her as he began to consider changes to the law.
While serving their juvenile sentences, the Boggs brothers faced separate assault cases after getting into fights at the Ogden juvenile detention center and were sent into the adult system and sentenced.
That’s the point when their juvenile sentences no longer apply and it’s up to the state’s parole and probation authorities to determine how long the teenagers will remain behind bars, said Brett Peterson, director of Utah Juvenile Justice Services.
“They’re deemed an adult in the eyes of the law,” he said.
It means there’s no longer any assurance a teen will be held for the entirety of the original sentence set by youth parole authorities.
The elder Boggs was 18 at the time of the fight in the detention center, so prosecutors charged him in district court, where adult cases are handled. He was released early from jail in April after serving less than three months.
Although his brother was not yet 18, Utah law allowed him to face charges in the adult system, where he was sentenced to prison for an indeterminate term of zero to five years. He was among many paroled ahead of schedule in May amid coronavirus concerns.
Brett Varoz, chief hearing officer with the Utah Board of Pardons and Parole, declined to talk about Lawrence Boggs’ specific case. Before deciding on parole dates, he said the board considers a report detailing a person’s criminal background that generally includes juvenile offenses.
Monica Diaz, director of the Utah Sentencing Commission, emphasized the brothers were ultimately convicted of lesser counts than the original murder charge and did not have the sort of lengthy juvenile history that would likely lead to a heftier sentence for assault.
While the juvenile system is more adept at connecting youths to treatment while still holding them accountable, charging youths as adults is seen as a way to get tough, she said.
“I do think there is a misconception that the district court is better equipped to bring the hammer down on crime,” she said. “They are for adults, not necessarily for adolescents.”
For example, adult offenders who have addictions generally are handed a list of treatment providers, but the juvenile system can coordinate rehabilitation at no cost, arranging for transportation to appointments or for telehealth, Diaz said.
“Ultimately, in the end, we best serve the community and public safety when we decrease the likelihood of these behaviors,” she said.
Pamela Vickrey, executive director of Utah Juvenile Defenders, agreed.
“If we had let the juvenile system handle these kids, quite frankly, both of these kids would still be in secure care,” Vickrey said of the Boggs brothers.
A 2020 state law now allows only the most severe cases to cross over to the adult system. Under the law, 17-year-old Lawrence Boggs’ new assault charge would have remained in the juvenile system, she said. His assault occurred in 2019 before the new law passed.
“Clearly, what this case shows is that the adult system didn’t give us a good result,” Vickrey said.
She noted Vermont has raised its juvenile court age to 19, and the threshold will increase again to 20 in two years, a recognition that a person’s brain is still developing in the late teenage years and early 20s.
Before a series of state reforms in the last two decades, much lesser offenses sent youths into the adult system, and many youths tried to game the system. They picked fights while in detention in hopes of being released more quickly, Vickrey said. But for many, the plan backfired. They failed to connect to resources and later ended up in prison for violating the terms of their probation.
Peterson, with Juvenile Justice Services, said although such cases are out of his control, his agency is focusing on helping youths as much as possible while in its care. He said assaults in detention centers have declined amid comprehensive therapy that helps them develop awareness of their emotions.
An attorney who represented Christopher Boggs in the past declined comment. A lawyer listed for his brother did not return a message.